A Practical Guide to Holiday Entitlement for Your Workforce in Poland

Polish Labour Law sets out specific minimum amounts of annual leave that employees are entitled to, which depend on their service length.

Minimum Holiday Entitlement

The basic entitlement to annual leave in Poland is 20 or 26 working days per year. The amount an employee is entitled to depends on their total period of employment, which includes previous employment with other companies:

• Employees who have been employed for less than 10 years are entitled to 20 working days of holiday per year.
• Employees who have been employed for at least 10 years are entitled to 26 working days of holiday per year.

It’s important to note that “working days” usually mean Monday to Friday, excluding public holidays.

Calculating Holiday Entitlement for New Employees

For employees who start working for you during the year, their holiday entitlement for that year is calculated proportionally to the number of months they will be employed. For example, if someone starts in the middle of the year, they would be entitled to half of the annual entitlement for that first year.

Taking Holiday Leave

Holiday leave should generally be taken in agreement with the employer, taking into account the needs of the company and the employee’s wishes. At least one part of an employee’s holiday should be a continuous period of at least 14 calendar days.

Carrying Over Unused Holiday

There are rules about carrying unused holiday leave to the following calendar year. Generally, employees must take any unused leave from the previous year by the end of September of the following year. If they don’t, it can be lost.

Payment in Lieu of Holiday

In most cases, employees should take their holiday leave. However, if an employee’s employment ends and they still have unutilised holiday leave, you must pay them financial compensation for this unutilised leave. This is known as payment instead of holiday.

Key Considerations for Foreign Employers

Understanding how holiday entitlement is calculated and how leave should be taken is crucial to know if you manage employees in Poland. Make sure your HR processes correctly track employee service history and holiday allowances. Being clear with your employees about the rules and encouraging them to take their leave will help you comply with Polish Labour Law and ensure your team gets the rest they are entitled to. If you have employees with varied employment histories, it’s important to accurately calculate their leave entitlement from the start.